Opinion
Case No. 3:13cr005 (1)
12-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. TERRY DEWAYNE TURNER, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY OVERRULING THE DEFENDANT'S MOTION
FOR BOND REVIEW (DOC. #9)
Pursuant to a Motion (Doc. #9) filed by the Defendant, seeking relief from detention order, this Court has both asked the Pretrial Services Office to submit a memorandum with its recommendations as to bond and has reviewed, once again, the initial report of the Pretrial Services Office, prepared under date of August 2, 2013.
The Defendant's Motion is overruled. Given that the offense for which Defendant has been convicted carries a maximum sentence of more than ten years and a mandatory minimum sentence of five years, 18 United States Code § 3143(a), governing release pending sentencing, sets forth a much higher bar than would be the case for bond were the Defendant in a non-adjudicated state. Specifically, detention must be ordered unless the Court finds there is substantial likelihood that a motion for acquittal or new trial would be granted, or the Assistant United States Attorney has recommended that no sentence of imprisonment be imposed and the Court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Given that this Defendant faces a mandatory minimum sentence of five years, with the non-binding/advisory guideline range significantly higher, this Court cannot make the necessary findings justifying the setting of bond/release from detention in this matter.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
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